Terms & Conditions
In General
Distinctive Couture (“www.distinctive-couture.com”)
owns and operates this Website. This document governs your relationship
with www.distinctive-couture.com (“Website”). Access to and use of this Website
and the products and services available through this Website (collectively, the
"Services") are subject to the following terms, conditions and
notices (the "Terms of Service"). By using the Services, you are
agreeing to all of the Terms of Service, as may be updated by us from time to
time. You should check this page regularly to take notice of any changes we may
have made to the Terms of Service.
Access to this Website is permitted on a
temporary basis, and we reserve the right to withdraw or amend the Services
without notice. We will not be liable if for any reason this Website is
unavailable at any time or for any period. From time to time, we may restrict
access to some parts or all of this Website.
This Website may contain links to other websites
(the "Linked Sites"), which are not operated by www.distinctive-couture.com.
www.distinctive-couture.com has no control over the Linked Sites and accepts no
responsibility for them or for any loss or damage that may arise from your use
of them. Your use of the Linked Sites will be subject to the terms of use and
service contained within each such site.
Privacy Policy
Our privacy policy, which sets out how we will
use your information, can be found at [Privacy Policy Link]. By using this
Website, you consent to the processing described therein and warrant that all
data provided by you is accurate.
Prohibitions
You must not misuse this Website. You will not:
commit or encourage a criminal offense; transmit or distribute a virus, trojan,
worm, logic bomb or any other material which is malicious, technologically
harmful, in breach of confidence or in any way offensive or obscene; hack into
any aspect of the Service; corrupt data; cause annoyance to other users;
infringe upon the rights of any other person's proprietary rights; send any
unsolicited advertising or promotional material, commonly referred to as
"spam"; or attempt to affect the performance or functionality of any
computer facilities of or accessed through this Website. Breaching this
provision would constitute a criminal offense and www.distinctive-couture.com
will report any such breach to the relevant law enforcement authorities and
disclose your identity to them.
We will not be liable for any loss or damage
caused by a distributed denial-of-service attack, viruses or other
technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of this
Website or to your downloading of any material posted on it, or on any website
linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software
and content (including photographic images) made available to you on or through
this Website remains the property of www.distinctive-couture.com or its
licensors and are protected by copyright laws and treaties around the world.
All such rights are reserved by www.distinctive-couture.com and its licensors.
You may store, print and display the content supplied solely for your own
personal use. You are not permitted to publish, manipulate, distribute or
otherwise reproduce, in any format, any of the content or copies of the content
supplied to you or which appears on this Website nor may you use any such
content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase
a product on and subject to the following terms and conditions. All orders are
subject to availability and confirmation of the order price.
Dispatch times may vary according to
availability and subject to any delays resulting from postal delays or force
majeure for which we will not be responsible.
In order to contract with www.distinctive-couture.com
you must be over 18 years of age and possess a valid credit or debit card
issued by a bank acceptable to us. www.distinctive-couture.com retains the
right to refuse any request made by you. If your order is accepted we will
inform you by email and we will confirm the identity of the party which you
have contracted with. This will usually be www.distinctive-couture.com or may
in some cases be a third party. Where a contract is made with a third party www.distinctive-couture.com
is not acting as either agent or principal and the contract is made between
yourself and that third party and will be subject to the terms of sale which
they supply you. When placing an order you undertake that all details you
provide to us are true and accurate, that you are an authorized user of the
credit or debit card used to place your order and that there are sufficient
funds to cover the cost of the goods. The cost of foreign products and services
may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an
acknowledgement e-mail confirming receipt of your order: this email will only
be an acknowledgement and will not constitute acceptance of your order. A
contract between us will not be formed until we send you confirmation by e-mail
that the goods which you ordered have been dispatched to you. Only those goods
listed in the confirmation e-mail sent at the time of dispatch will be included
in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details,
descriptions and prices which appear on this Website are accurate, errors may
occur. If we discover an error in the price of any goods which you have ordered
we will inform you of this as soon as possible and give you the option of
reconfirming your order at the correct price or cancelling it. If we are unable
to contact you we will treat the order as cancelled. If you cancel and you have
already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such
additional charges are clearly displayed where applicable and included in the
'Total Cost'.
(c) Payment
Upon receiving your order we carry out a
standard authorization check on your payment card to ensure there are
sufficient funds to fulfil the transaction. Your card will be debited upon authorization
being received. The monies received upon the debiting of your card shall be
treated as a deposit against the value of the goods you wish to purchase. Once
the goods have been dispatched and you have been sent a confirmation email the
monies paid as a deposit shall be used as consideration for the value of goods
you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is
provided without any guarantees, conditions or warranties as to its accuracy.
Unless expressly stated to the contrary to the fullest extent permitted by law www.distinctive-couture.com
and its suppliers, content providers and advertisers hereby expressly exclude
all conditions, warranties and other terms which might otherwise be implied by
statute, common law or the law of equity and shall not be liable for any
damages whatsoever, including but without limitation to any direct, indirect,
special, consequential, punitive or incidental damages, or damages for loss of
use, profits, data or other intangibles, damage to goodwill or reputation, or
the cost of procurement of substitute goods and services, arising out of or
related to the use, inability to use, performance or failures of this Website
or the Linked Sites and any materials posted thereon, irrespective of whether
such damages were foreseeable or arise in contract, tort, equity, restitution,
by statute, at common law or otherwise. This does not affect www.distinctive-couture.com's
liability for death or personal injury arising from its negligence, fraudulent
misrepresentation, misrepresentation as to a fundamental matter or any other
liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do
so in a way that is fair and legal and does not damage our reputation or take
advantage of it, but you must not establish a link in such a way as to suggest
any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. This
Website must not be framed on any other site, nor may you create a link to any
part of this Website other than the home page. We reserve the right to withdraw
linking permission without notice.
Disclaimer as to ownership of trade marks,
images of personalities and third party copyright
Except where expressly stated to the contrary
all persons (including their names and images), third party trade marks and
content, services and/or locations featured on this Website are in no way
associated, linked or affiliated with www.distinctive-couture.com and you
should not rely on the existence of such a connection or affiliation. Any trade
marks/names featured on this Website are owned by the respective trade mark
owners. Where a trade mark or brand name is referred to it is used solely to
describe or identify the products and services and is in no way an assertion
that such products or services are endorsed by or connected to www.distinctive-couture.com.
Indemnity
You agree to indemnify, defend and hold harmless
www.distinctive-couture.com, its directors, officers, employees, consultants,
agents, and affiliates, from any and all third party claims, liability, damages
and/or costs (including, but not limited to, legal fees) arising from your use
this Website or your breach of the Terms of Service.
Variation
www.distinctive-couture.com shall have the
right in its absolute discretion at any time and without notice to amend,
remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is
unenforceable (including any provision in which we exclude our liability to
you) the enforceability of any other part of the Terms of Service will not be
affected all other clauses remaining in full force and effect. So far as
possible where any clause/sub-clause or part of a clause/sub-clause can be
severed to render the remaining part valid, the clause shall be interpreted
accordingly. Alternatively, you agree that the clause shall be rectified and
interpreted in such a way that closely resembles the original meaning of the
clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which
we will use to try to resolve disputes when they first arise, please let us
know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no
action, we will still be entitled to use our rights and remedies in any other
situation where you breach these conditions.
Entire Agreement
The above Terms of Service constitute the entire
agreement of the parties and supersede any and all preceding and
contemporaneous agreements between you and www.distinctive-couture.com. Any
waiver of any provision of the Terms of Service will be effective only if in
writing and signed by a Director of www.distinctive-couture.com.